A/HRC/42/CRP.1
In addition, the parties have violated Article 26 ICCPR that prohibits discrimination,
including on the ground of sex, to equal protection of the law. These violations are further
to the international human rights law violations evidenced throughout this chapter,
including the violation of the right to liberty and security of person, through arbitrary
detention and hostage taking;1026 the violation of the prohibition of torture and other forms
of ill-treatment;1027 and the violation of fundamental freedoms, in particular the right to
freedom of expression and assembly.1028 These acts also amount to international
humanitarian law violations1029 and may lead to criminal responsibility for the war crimes
of rape and other forms of sexual violence, torture, cruel or inhuman treatment, outrages
upon personal dignity and hostage taking.1030
663. In August 2018, the coalition’s reply to the Group regarding allegations of sexual
violence was that the coalition is committed to all relevant legal procedures, that it had
never received allegations accusing its personnel of sexual and gender-based violence, and
that personnel were trained and qualified in accordance with international military rules.
The Group sent follow-up questions to the coalition requesting details of these procedures
and training. The coalition had not responded at the time of writing this report.
Furthermore, even assuming that the coalition had not received allegations of such violence
prior to August 2018, the Group presented the coalition with clear facts in its August 2018
report to the Human Rights Council. The Group calls upon the coalition and indeed all
parties to conduct thorough, impartial, and transparent investigations into the findings it has
enumerated in its reports.
664. The Group notes those allegations of gender-based violence verified in the present
report are indicators of additional such violence by all parties to the conflict, thus requiring
further investigation.
VIII. Impact of the armed conflict on children
1.
Introduction
665. The armed conflict in Yemen is having a devastating impact on children’s
realization of their fundamental rights. These include the rights to: life, survival and
development; protection from violence, injury and abuse, including sexual violence, as well
as early and forced marriage; liberty and security of person; not to be recruited into the
armed forces or armed groups; as well as the rights to health, food and education. These
rights and protections are guaranteed under international human rights law, including the
Convention on the Rights of the Child (hereinafter the “CRC”), to which Yemen is a
party.1031 In a situation of armed conflict such as Yemen, children are equally entitled to
protection under international humanitarian law, including customary international
humanitarian law.
2.
Violations of the right to life
"I didn't find the body of my son, I was only given his foot, or what could
have been his foot to bury something symbolic."
Father of an 11-year-old child killed during the 09 August 2018 coalition
airstrike in Sa’dah
666. In nearly all cases of attacks affecting civilians documented by the Group of
Experts, children have been among the casualties. They have been killed and maimed
1026
Art. 9 ICCPR.
Art. 7 ICCPR, see also CAT, in particular Art. 2.
1028 Art. 19 and 21 ICCPR.
1029 Art. 3 common to the Geneva Conventions, Art. 4 Additional Protocol II, in particular.
1030 See war crimes listed in Art. 8 para. 2.(c) (i)-(iii) and (e) (vi) Rome Statute of the International
Criminal Court, as also considered as war crimes under customary international law; see also ICRC
Study on customary IHL, rules 90, 93, 96.
1031 Yemen ratified the Convention on the Rights of the Child on 1 May 1991.
1027
159
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